mobility car

[kano]

i am registered disabled and have a mobility car, i am the only insured driver for the car but when my ex partner came to visit he took my car keys and then took my car without my knowledge, he was stopped by police and the car was impounded which i had to pay 120.00 to get back. the police reported this incident to motability but says i allowed an uninsured driver to take my car and therefor i lost my car. i have appealed against this decision and lost appeal and they are due to pick up car. what can i do to keep car?

[Law Man1856]

Kano,

It appears both the police and the motorbility people don't beleive that this other person took your car without your consent.

You have appealed and therefore have no choice but to give the car back.

Did you contact a solicitor? and what did they say?

It is your responsibilty to look after the security of your vehicle including the safety of the keys.

Regards Lawman

[kano]

unfortunatly i did not contact solicitor, as the car and keys were my responsibility i did look after them. the car was in the driveway and the keys were put on the key rack as i was lying unwell on the sofa. I do believe my home is safe and did not expect the keys to be lifted from my home. thanks for response

[themas]

I take it there is no possibility of appealing to your ex-partner's better nature and getting him to admit in writing that he took the keys without your permission?

I can't see what he has to lose by this. You won't report him for theft but the Motability people might be willing to accept it as evidence.

[kano]

My ex did take full responsibility for theft and has been charged with twoc (taking without owners consent) but police are making my life hell by telling mobility that i allowed him to take the car.
Thanks

[themas]

This is ridiculous! If they have charged him with taking without consent how on earth can they also say you allowed him to take the car. These two things are mutually contradictory.

I suggest you get him to confirm to Motability in writing what has happened and send them a copy of the charge document he has from the police.

Also, you should use the police complaints machinery (I think it starts with a letter to the Chief Constable) to try to get them to see the error of their ways and confirm the true situation to Motability themselves. (Or you could ask to speak to the local Superintendent or Inspector for your area to try and get it resolved more quickly - from what you have said, it seems only to need someone to engage brain to get it sorted.) You might also threaten to use the disability discrimination legislation - the police presumably know you have the car because you have serious mobility problems.

[kano]

Thank you for your reply's but it is now out of my hands as they are coming to take car back tomorrow and i have been told i can appeal in writing in 6 weeks time.
The appeal is to appeal against the decision not to let me have a car again.
Once again thanks
L Kane

[themas]

I don't whether you have had any help with this so far but in this kind of situation it is often worthwhile getting a third party to act for you. An experienced welfare benefits adviser should be able to help. You can often find them at your local CAB, or some local authorities or registered social landlords (for their tenants) have them.

[kano]

I did'nt have any help untill now. With my ex up court the other day for taking car without consent, i spoke to a lawyer whom i have an appointment with on tuesday.
Thank you for all your help on this matter, much appreciated
yours thankfully
l kane